LS101 – Sept.17.doc

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School

University of Waterloo

Department

Legal Studies

Course

LS 101

Professor

Frances Chapman

Semester

Summer

Description

LS101 – Sept.17 20/10/2007 22:36:00
← ADMINISTRATIVE LAW
←
← - assists with the backlog of the civil system (the court)
• situation taken out of the victim’s hands (usually criminal vs. the
Crown (Queen))
←
← ALTERNATIVE DISPUTE RESOLUTION (ADR)
• E.g. labour board, employment insurance, refugee status, landlord
vs. tenant
• System taken out of the judicial branch and into the executive
branch (to gov’t)
• Final solution is binding
← * administrative tribunals have to stay within their jurisdiction
• must follow rule of law (pg. 121 in textbook)
← 1) The tribunal must be able to single out a statue that gives them
authority/power and justifies their decision
← 2) Cognicent of the Charter of Rights and Freedom (a part of the
Constitution)
← 3) The ‘rules of natural justice’ (rules of fair play – pg. 122)
← 4) The person making the decision must be impartial and properly
appointed with past experience and expertise in a certain jurisdiction
← - courts will generally not intervene as it defeats the entire purpose of
the system. However, when they do, it is called judicial review. Therefore,
tribunal is still subjective to judiciary.
←
← COURT POWERS
← 1) habeus corpus
• court will step in if someone is being improperly detained
← 2) certiorari
• quashes decision of the gov’t administration
• decision to be “held of no effect”
← 3) mandamus
• writ to force administrator to make a decision ← 4) prohibition
• to prevent administrator from making a decision
← 5) declaratory judgment
• eliminating a certain point or piece of evidence
←
← - in ADR, parties converse and come to a decision together (more
control over the situation)
• NOT an adversarial situation
← Sentencing circles – available for First Nations offenders
• An ancient Aboriginal process where the entire community is
involved in sentencing (tribal elders, victim & family, offender’s
family)
• Strong focus on rehabilitation
← Diversion programmes